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In March, the U.S. Department of Labor (DOL) released a proposed regulation to update the salary threshold under which virtually all employees are guaranteed time-and-a-half overtime pay from $23,660 to $35,308 per year. It would also allow employers to count nondiscretionary bonuses and incentive payments, including commissions, to satisfy up to ten percent of the salary level test. ASTA members will remember the Obama Administration in 2016 proposing a much more dramatic increase in the salary threshold, to $47,476 per year with automatic increases in future years, a proposal that was struck down in court in late 2016. Last week, the comment period for the new DOL proposal closed, and ASTA submitted comments, saying the proposed salary threshold of $35,308 "strikes a far better balance with respect to the competing interests of workers and small business owners as compared with the level set in the 2016 final rule." View our full comments at the link below (members only).

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